Wednesday, March 26, 2025
Administration invokes state secrets privilege to bar disclosure of information about deportation flights
The Trump administration continues to tangle with a federal judge in Washington, D.C. about the disclosure of information about deportation flights. As ABC reports, the Trump administration refuses to provide the court with information about the flights, alleging that disclosure would "pose reasonable danger to national security and foreign affairs."
In a court filing and in a series of sworn affidavits by three cabinet officials, the Trump administration invoked the "state secrets privilege" to attempt to stop U.S. District Judge James Boasberg from compelling disclosure about the flights as the judge attempts to determine if the administration willfully violated a court order.
Here is the notice submitted by the Department of Justice:
"The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court’s March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security. . . . This is a case about the President’s plenary authority . . . ."
Commentary about the recent developments can be found here and here.
KJ
https://lawprofessors.typepad.com/immigration/2025/03/administration-invokes-state-secrets-privilege-to-bar-disclosure-of-information-about-deportation-fl.html